The Closed Session (1) may commence earlier than 9:00 a.m.; (2) may begin at or before 9:00 a.m., be recessed, and then be reconvened later in the day; or (3) may commence later than 9:00 a.m.

CLOSED SESSION AGENDA

Conference with Legal Counsel – Existing Litigation: Under Government Code sections 11126(e)(1) and (e)(2)(A), the State Board of Education hereby provides public notice that some or all of the pending litigation which follows will be considered and acted upon in closed session:

Conference with Legal Counsel – Anticipated Litigation: Under Government Code sections 11126(e)(1) and (e)(2)(B), the State Board of Education hereby provides public notice that it may meet in closed session to decide whether there is a significant exposure to litigation, and to consider and act in connection with matters for which there is a significant exposure to litigation. Under Government Code sections 11126(e)(1) and (e)(2)(C), the State Board of Education hereby provides public notice that it may meet in closed session to decide to initiate litigation and to consider and act in connection with litigation it has decided to initiate.

Under Government Code section 11126(c)(14), the State Board of Education hereby provides public notice that it may meet in closed session to review and discuss the actual content of pupil achievement tests (including, but not limited to, the High School Exit Exam) that have been submitted for State Board approval and/or approved by the State Board.

Under Government Code section 11126(a), the State Board of Education hereby provides public notice that it may meet in closed session regarding the appointment, employment, evaluation of performance, or dismissal, discipline, or release of public employees, or a complaint or charge against public employees. Public employees include persons exempt from civil service under Article VII, Section 4(e) of the California Constitution.

Schedule of Meeting

Location

Wednesday, July 9, 20089:00 a.m. Pacific Time +(Upon Adjournment of Closed Session, if held)
STATE BOARD OF EDUCATION
Public Session

Please see Closed Session Agenda above. The Closed Session (1) may commence earlier than 8:00 a.m.; (2) may begin at or before 8:00 a.m., be recessed, and then be reconvened later in the day; or (3) may commence later than 8:00 a.m.

Schedule of Meeting

Location

Thursday, July 10, 20088:00 a.m. Pacific time +(Upon Adjournment of Closed Session, if held)
STATE BOARD OF EDUCATION
Public Session

Please see the detailed agenda for more information about the items to be considered and acted upon. The public is welcome.

ALL TIMES ARE APPROXIMATE AND ARE PROVIDED FOR CONVENIENCE ONLYALL ITEMS MAY BE RE-ORDERED TO BE HEARD ON ANY DAY OF THE NOTICED MEETINGTHE ORDER OF BUSINESS MAY BE CHANGED WITHOUT NOTICE

Persons wishing to address the State Board of Education on a subject to be considered at this meeting, including any matter that may be designated for public hearing, are asked, but not required, to notify the State Board of Education Office (see telephone/fax numbers below) by noon of the third working day before the scheduled meeting/hearing, stating the subject they wish to address, the organization they represent (if any), and the nature of their testimony. Time is set aside for individuals so desiring to speak on any topic NOT otherwise on the agenda (please see the detailed agenda for the Public Session). In all cases, the presiding officer reserves the right to impose time limits on presentations as may be necessary to ensure that the agenda is completed.

REASONABLE ACCOMMODATION FOR ANY INDIVIDUAL WITH A DISABILITY

Pursuant to the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, any individual with a disability who requires reasonable accommodation to attend or participate in a meeting or function of the California State Board of Education (SBE), may request assistance by contacting the SBE Office, 1430 N Street, Room 5111, Sacramento, CA, 95814; telephone, (916) 319-0827; fax, (916) 319-0175.

Subject: PUBLIC COMMENT.
Public comment is invited on any matter not included on the printed agenda. Depending on the number of individuals wishing to address the State Board, the presiding officer may establish specific time limits on presentations.

WAIVER REQUEST CONSENT MATTERS

The following agenda items include waivers and other administrative matters that California Department of Education (CDE) staff have identified as having no opposition and presenting no new or unusual issues requiring the State Board's attention.

Adult Education innovaton and alternative delivery programs

Subject: Request by Fresno Unified School District to waive California Education Code (EC) Section 52522(b) to increase from five percent to seven percent the proportion of their adult education state block entitlement that may be used to implement approved Adult Education Innovation and Alternative Instructional Delivery Programs.

Subject: Request by Fremont Unified School District for renewal waiver of California Education Code (EC) Section 52522(b) to increase from five percent to seven percent the proportion of their adult education state block entitlement that may be used to implement approved Adult Education Innovation and Alternative Instructional Delivery Programs.

Subject: Request by El Monte Union High School District to waive California Education Code (EC) Section 52522(b) to increase from five percent to seven percent the proportion of their adult education state block entitlement that may be used to implement approved Adult Education Innovation and Alternative Instructional Delivery Programs.

NONPUBLIC SCHOOL/AGENCY (annual certification renewal application)

Subject: Request by Los Angeles Unified School District under the authority of California Education Code (EC) Section 56101 to waive EC Section 56366.1(h), the August 1 through October 31, timeline on annual certification renewal application for Junior Blind of America, a Nonpublic School (NPS).

Subject: Request by North Coastal SELPA under the authority of California Education Code (EC) Section 56101 to waive (EC) Section 56366.1(h), the August 1 through October 31, timeline on annual certification renewal application for Dependable Nursing, a Nonpublic Agency (NPA).

Subject: Request by Orange County SELPA under the authority of California Education Code (EC) Section 56101 to waive (EC) Section 56366.1(h), the August 1 through October 31, timeline on annual certification renewal application for The Rehabilitation Institue of Southern California, a Nonpublic Agency (NPA).

Subject: Request by Pasadena Unified School District SELPA under the authority of California Education Code (EC) Section 56101 to waive EC Section 56366.1(h), the August 1 through October 31, timeline on annual certification renewal application for Developmental Dynamo, Inc., a Nonpublic Agency (NPA).

Waiver Number: 7-4-2008

(Recommended for APPROVAL)

Type of Action: Action

PHYSICAL EDUCATION (block schedule)

Subject: Request by Folsom-Cordova Unified School District to waive portions of California Education Code(EC) Section 51222(a), related to the statutory minimum of 400 minutes of physical education required each ten school days for students in grades nine through twelve in order to implement a block schedule at Vista del Lago High School.

Subject: Request by San Juan Unified School District to waive portions of California Education Code (EC) Section 51222(a), related to the statutory minimum of 400 minutes of physical education required each ten school days for students in grades nine through twelve in order to implement a block schedule at Del Campo, Mesa Verde, Casa Roble and Encina Preparatory High Schools.

Waiver Number: 41-4-2008

(Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action

School Site Council (shared)

Subject: Request by Cotati-Rohnert Park Unified School District under the authority of California Education Code (EC) Section 52863 for a waiver of EC Section 52852, allowing one school site council to function for El Camino Continuation High School, Phoenix Continuation High School and the Community Day School.

Subject: Request by Golden Feather Union Elementary School District under the authority of California Education Code (EC) Section 52863 for a waiver of EC Section 52852, allowing one school site council to function for three small schools, Spring Valley School, Concow School and Golden Feather Community School.

Subject: Request by Lassen View Elementary School District under the authority of California Education Code (EC) Section 52863 for a waiver of EC Section 52852, allowing one school site council to function for two schools, Lassen View Elementary School and Lassen View Community Day School.

Subject: Request by Lemoore Union High School District under the authority of California Education Code (EC) Section 52863 for a waiver of EC Section 52852, allowing one school site council to function for three small alternative education high schools: Jamison High, Yokuts High and Gundaker Community Day School.

Subject: Request by Southern Trinity Joint Unified School District under the authority of California Education Code (EC) Section 52863 for a waiver of EC Section 52852, allowing one joint school site council to function for two very small schools, Southern Trinity High School and Mt. Lassic Continuation High School.

Subject: Request by Tulelake Basin Joint Unified School District under the authority of California Education Code (EC) Section 52863 for a waiver of EC Section 52852, allowing one school site council to function for three small rural schools: Newell Elementary, Tulelake Elementary, and Tulelake High.

Waiver Number: 3-5-2008

(Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action

STATE MEAL MANDATE (summer school session)

Subject: Request by Sonora Elementary School District under the authority of California Education Code (EC) Section 49548 to waive (EC) Section 49550, the State Meal Mandate during the Summer School Session for Sonora Elementary School.

Waiver Number: 14-5-2008

(Recommended for APPROVAL)

Type of Action: Action

NON-CONSENT (ACTION)

The following agenda items include waivers and other administrative matters that CDE staff have identified as having opposition, being recommended for denial, or presenting new or unusual issues that should be considered by the State Board. On a case by case basis public testimony may be considered regarding the item, subject to the limits set by the Board President or by the President's designee; and action different from that recommended by CDE staff may be taken.

FRESNO-LONG BEACH PARTNERSHIP PILOT PROGRAM

Subject: Request by Long Beach Unified School Districtto waive portions of California Education Code (EC) Section 44735(d) related tothe Teaching as a Priority Block Grant – to allow the money to be spent for teachers in all schools, not just schools that are within the bottom half of the academic performance index, schools ranked in deciles, 1 through 5.

Waiver Number: 10-5-2008

(Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action

BONDING LIMITS

Subject: Request by Edison Elementary School District to waive California Education Code (EC) Section 15102, to allow the district to exceed its bonding limit of 1.25 percent of the taxable assessed value of property. (Requesting 1.50 percent)

Waiver Number: 35-4-2008

(Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action

Charter School (K-8 District to Sponsor 7-12 Charter)

Subject: Request by the Piner-Olivet Union Elementary School District, a K-6 district, to waive California Education Code (EC) Section 47605(a)(6) to allow the district to renew the charter of, and continue to be the chartering authority for, the Career Academy at Piner-Olivet, a middle/high school.

Charter School (Geographic Limitations Non-classroom Based)

Subject: Request by Harmony Union Elementary School District for Pathways Charter School to waive California Education Code (EC) Section 47605.1(c)(2) pertaining to geographic limits on resource centers for non-classroom based charter schools, so that the charter school can continue to operate resource centers in adjacent counties (Lake and Solano).

Waiver Number: 45-4-2008

(Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action

CITIZENS OVERSIGHT COMMITTEE

Subject: Request by Plumas Unified School District for a renewal waiver of portions of the California Education Code(EC) Section 15282, regarding term limits for members of a Citizen’s Oversight Committee for all construction bonds in the district.

Subject: Request by Fullerton Elementary School District to waive portions of the California Education Code (EC) Section 15282, regarding term limits for members of a Citizens’ Oversight Committee for all construction bonds in the district.

Subject: Request by Hermosa Beach City Elementary School District for a renewal waiver of portions of the California Education Code (EC) Section 15282, regarding term limits for members of a Citizens’ Oversight Committee for all construction bonds in the district.

COMMUNITY DAY SCHOOL (collocation)

Subject: Request by Hemet Unified School District for a waiver of California Education Code(EC) Section 48661(a) to permit the collocation of Hemet Education Learning Program Community Day School (CDS) on the same site with the Hemet Academy for Applied Academics and Technology (HAAAT) Charter High School.

Subject: Request by MercedUnion High School District for a waiver of California Education Code(EC) Section 48661(a) to permit the collocation of a community day school on the same site as (East Campus Educational Center) a continuation high school.

Subject: Request by Madera County Office of Education for a renewal waiver of portions of California Education Code (EC) sections 48660 and 48916.1(d) to permit a community day school (CDS) to serve students in grades 4-6 with students in grades 7-8.

Waiver Number: 22-5-2008

(Recommended for APPROVAL) EC 33051(c) will apply

EC 33051(c) will apply.

Type of Action: Action

Immediate Intervention/Underperforming Schools Program (II/USP)

Subject: Request by West Contra Costa Unified School Districtto waive California Education Code (EC) Section 52055.55(b), to allow TESS Consulting Group to continue as the School Assistance and Intervention Team (SAIT) provider at El Cerrito High Schoolas part of a secondary sanction required after the thirty-six month review of state-monitored schools that have failed to exit the Immediate Intervention/Underperforming Schools Program (II/USP)

Subject: Request by Barstow Unified School District to waive California Education Code(EC) Section 52055.55(b) to allow San Bernardino County Superintendent of Schools to continue as the School Assistance and Intervention Team (SAIT) provider at Crestline Elementary School as part of a secondary sanction required after the thirty-six month review for state-monitored schools that have failed to exit the Immediate Intervention/Underperforming Schools Program (II/USP).

Subject: Request by Bellevue Union Elementary School District to waive California Education Code(EC) Section 52055.55(b) to allow Sonoma County Office of Education in partnership with the North Coast Collaborative to continue as the School Assistance and Intervention Team (SAIT) provider at Bellevue Elementary School as part of a secondary sanction required after the thirty-six month review for state-monitored schools that have failed to exit the Immediate Intervention/Underperforming Schools Program (II/USP).

Waiver Number: 36-4-2008

(Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action

Instructional Material Restructuring Program Funds (IMFRP)

Subject: Request by Rincon Valley Union Elementary School District under the authority of California Education Code (EC) Section 60422(c) to waive EC Section 60422(a), the “24 month rule”, for purchase of instructional materials after the adoption of a new list by the State Board of Education. Request is to delay the adoption of materials in science (kindergarten through grade six only) for 12 additional months.

Subject: Request by San Antonio Union Elementary School District under the authority of California Education Code (EC) Section 60422(c) to waive EC Section 60422(a), the “24 month rule”, for purchase of instructional materials after the adoption of a new list by the State Board of Education. Request is to delay the adoption of materials in science (kindergarten through grade eight only) for 12 additional months.

Waiver Number: 41-3-2008

(Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action

Instructional Time Requirement Audit Penalty

Subject: Request by Amador County Unified School District under the authority of California Education Code (EC) 46206 to waive EC Section 46201(d), the Longer Day Incentive Program audit penalty for offering less instructional time in the 2006-07 fiscal year than the state minimum set in 1986-87 at Amador and Argonaut High Schools for grades 9-12 (shortfall of 720 minutes).

Subject: Request by Corcoran Joint Unified School District under the authority of California Education Code (EC) 46206 to waive EC Section 46201(d), the Longer Day Incentive Program audit penalty for offering less instructional time in the 2006-07 fiscal year than the state minimum set in 1986-87 at Corcoran High School for students in grades 9-12 (shortfall of 869 minutes).

Subject: Request by Eastern Sierra Unified School District under the authority of California Education Code (EC) 46206 to waive EC 46201(d), the Longer Day Incentive Program audit penalty for offering less instructional time in the 2004-05 and 2005-06 fiscal years than the state minimum set in 1986-87 at Lee Vining High School for all grades 9-12. (2004-05 was 1,195 minutes short, and 2005-06 was 205 minutes short).

Subject: Request by McCloud Union Elementary School Districtunder the authority of California Education Code (EC) Section 46206to waive EC 46202(b), the Longer Day Incentive Program audit penalty for offering less instructional time in the 2006-07 fiscal year than the amount the district offered in 1982-83 at McCloud Elementary School in grade 4 (shortfall of 3,480 minutes) and in grades 5-8 (shortfall of 1,690 minutes).

Subject: Request by Oakland Unified School District under the authority of California Education Code (EC) 46206 to waive EC Section 46201(d), the Longer Day Incentive Program audit penalty for offering less instructional time in the 2004-05 fiscal year than the state minimum requirement set in 1986-87 at: Bella Vista Elementary in Kindergarten (shortfall of 3,600 minutes); Stonehurst Elementary in Kindergarten (shortfall of 2,800 minutes); Lockwood Elementary in K-5 (shortfall of 525 minutes).

Subject: Request by Vallejo City Unified School District under the authority of California Education Code (EC) 46206 to waive EC Section 46201(d), the Longer Day Incentive Program audit penalty for offering less instructional time in the 2005-06 fiscal year than the state minimum set in 1986-87 at Jesse Bethel High School for students in grades 9-12 (shortfall of 141 minutes).

REGIONAL OCCUPATIONAL CENTERS/PROGRAMS

Subject: Request by Los Angeles Unified School District to waive portions of California Education Code (EC) Section 52302.8(c) to change the operative date of this section which requires Regional Occupational Centers/Programs to serve no more than 30 percent of students who are not in grades nine through twelve. Currently the operative date is “on or before July 1, 2009.”

Waiver Number: 51-4-2008

(Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action

RESOURCE SPECIALIST CASELOAD

Subject: Request by Alhambra Unified School District under the authority of California Education Code (EC) Section 56101 and California Code of Regulations Title 5 (5 CCR), Section 3100 to waive EC 56362(c), allowing the caseload of the resource specialist to exceed the maximum caseload of 28 students by no more than 4 students (32 maximum). Laura Cisneros assigned at Emery Park Elementary School and Sandra Montoya at Fremont Elementary School.

Subject: Request by Alhambra Unified School District under the authority of California Education Code (EC) Section 56101 and California Code of Regulations Title 5 (5 CCR), Section 3100 to waive EC Section 56362(c), allowing the caseload of the resource specialist to exceed the maximum caseload of 28 by no more than 4 students (32 maximum). Andrea Klink assigned at Monterey Highlands Elementary and Fremont Elementary Schools.

Subject: Request by Rio Elementary School District under the authority of California Education Code (EC) Section 56101 and California Code of Regulations Title 5 (5 CCR), Section 3100 to waive California Education Code (EC) Section 56362(c), allowing the caseload of the resource specialist to exceed the maximum caseload of 28 students by no more than 4 students (32 maximum). Padmini Vasan assigned at Rio Lindo and Rio Real Schools.

Waiver Number: 25-5-2008

(Recommended for DENIAL)

Type of Action: Action

SALE AND LEASE OF SURPLUS PROPERTY

Subject: Request by Pittsburg Unified School District (PUSD) to waive portions of the California Education Code (EC) sections 17466, 17472, and 17475 and all of 17473 and 17474, specific statutory provisions for the Sale and Lease of Surplus Property. Approval of the waiver would allow the PUSD to sell a piece of property using a broker and a “request for proposal” process, thereby maximizing the proceeds from the sale. The PUSD properties for which the waiver is requested are the Harbor Street Property and a portion of the Heights Elementary School Site Property located in the city of Pittsburg.

Waiver Number: 50-4-2008

(Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action

School Site Council (composition)

Subject: Request by Maple Creek Elementary School District under the authority of California Education Code (EC) Section 52863 for a waiver of EC Section 52852, allowing Maple Creek Elementary School to operate a school site council with fewer members than required by statute.

State Testing Apportionment Report

Subject: Request by five local educational agencies (LEAs) to waive the State Testing Apportionment Information Report deadline of December 31st in the California Code of Regulations (CCR), Title 5, Section 11517.5(b)(1)(A) regarding the California English Language Development Test (CELDT), or CCR Title 5, Section 1225(b)(2)(A) regarding the California High School Exit Examination (CAHSEE), or CCR, Title 5, Section 862(c)(2)(A) regarding the Standardized Testing and Reporting Program (STAR).

PHYSICAL EDUCATION (block schedule)

Subject: Request by Liberty Union High School District to waive portions of California Education Code(EC) Section 51222(a), related to the statutory minimum of 400 minutes of physical education required each ten school days for students in grades nine through twelve in order to implement a block schedule at Liberty High School and Heritage High School.

Subject: California English Language Development Test (CELDT): Program Update including, but not limited to, Kindergarten to Grade 1 (K-1) Early Literacy Assessment and CELDT 2008-09 Trainings for District Coordinators

For more information concerning this agenda, please contact the State Board of Education at 1430 N Street, Room 5111, Sacramento, CA, 95814; telephone 916-319-0827; fax 916-319-0175. To be added to the speaker’s list, please fax or mail your written request to the above-referenced address/fax number. This agenda is posted on the State Board of Education’s Web site[http://www.cde.ca.gov/be/ag/].